Essential Lease Addendums for New Mexico Renters

Entering a lease in New Mexico means more than reading the rental agreement—it requires a careful look at any attached lease addendums. These are extra documents landlords can include that set specific rules or obligations, and they are fully enforceable if you sign them. For renters across New Mexico, being aware of these addendums is vital to protect your rights and avoid unexpected responsibilities.

What Are Lease Addendums?

A lease addendum is a legal attachment to your main lease. It lets the landlord add rules or clarify details, like rules for pets, smoking, or repairs. Addendums can change your daily living experience and may be easy to overlook if you’re new to renting. In New Mexico, all addendums must comply with the state’s main renter law, the Uniform Owner-Resident Relations Act.^[1]

Common Lease Addendums Renters Should Watch For

Take time to review and understand the following popular lease addendums frequently used in New Mexico:

• Pet Addendum: Often required if you have a pet. Details allowed species, breeds, and extra fees.
• Late Rent Fee Addendum: Specifies any charges for late rent payments, within state legal limits.
• Maintenance Responsibility Addendum: Spells out what repairs you or the landlord handle. Landlords cannot shift all maintenance to you.
• Early Lease Termination Addendum: Sets penalties or rules if you break your lease early.
• Mold or Lead Disclosure Addendum: Required for some properties. Informs you of risks and landlord remediation duties.
• Entry Notice Addendum: Clarifies how much notice the landlord must provide before entering your unit—New Mexico law requires at least 24 hours except for emergencies.
• Smoking or No-Smoking Addendum: Limits smoking areas in or around the property.

Always check whether any addendum asks you to waive your rights under New Mexico law—especially your right to live in a safe, habitable home.

Key Addendum Rules Under New Mexico Law

All lease addendums must align with the Uniform Owner-Resident Relations Act (NMSA 1978, Sections 47-8-1 to 47-8-52).^[1] This law states:

• You cannot sign away core rights, like basic habitability or fair notice for changes.
• Addendums about fees or deposits must have disclosed amounts—security deposits have maximums under state law.
• Any illegal provision is unenforceable, even if you signed it.

If you have questions about the legality of a clause, contact the New Mexico Courts - Landlord-Tenant Division or a legal aid office.

Required Forms and How They’re Used

Certain addendums use official forms or disclosures. Here are important examples for New Mexico renters:

• Lead-Based Paint Disclosure Form (Federal EPA Requirement)
  • When: Required for any unit built before 1978.
  • How: Your landlord should give you the Lead-Based Paint Disclosure Form before you sign. Confirm you’ve received this and ask questions if your home is older.
• Move-In/Move-Out Inspection Checklist (Form CIV-702 NM)
  • When: Used at the start and end of a lease, especially related to security deposits and any damage addendums.
  • How: Both you and your landlord should sign the list. Find it on the NM Courts Landlord-Tenant Forms page.

If an addendum requires acknowledgment or consent, always request a copy for your records.

What To Do If You Have Concerns About an Addendum

If you believe an addendum is unlawful or unfair, follow these steps for your protection:

• Review the New Mexico Uniform Owner-Resident Relations Act to see if the clause is allowed.
• Politely request a change or removal of the addendum from your landlord.
• If unresolved, you may file a complaint with your local court using the appropriate landlord-tenant forms. Resources are available from the New Mexico Courts Self-Help Center.
• Keep copies of all correspondence and signed documents.

FAQ: Lease Addendums in New Mexico

1. Can a lease addendum override my renter rights in New Mexico?
   No, an addendum cannot take away your minimum rights under the Uniform Owner-Resident Relations Act. Illegal clauses are unenforceable, even if signed.
2. Is a pet deposit addendum legal in New Mexico?
   Yes, as long as total security deposits (including pet deposits) do not exceed the limits set by state law, and terms are clearly disclosed.^[1]
3. Should I receive copies of all signed lease addendums?
   Absolutely. Always request and keep a copy of every addendum you sign along with your main lease.
4. What if I disagree with an addendum after signing?
   You can try to negotiate changes, but if it conflicts with New Mexico law, you may have grounds to challenge it in court.
5. How can I check if an addendum clause is legal?
   Read the Uniform Owner-Resident Relations Act, use legal aid, or contact the New Mexico Courts Landlord-Tenant Division for advice and official forms.

Key Takeaways for New Mexico Renters

• Read all addendums before signing and compare them to New Mexico law.
• Illegal or overly broad rules cannot override your rights.
• Official forms, like the Lead Paint Disclosure, may be required by law—make sure you receive and keep copies.

Staying informed and organized protects your security as a renter.

Need Help? Resources for Renters

• New Mexico Courts Landlord-Tenant Forms & Self-Help
• Law Help New Mexico: Free Legal Resources for Renters
• New Mexico Mortgage Finance Authority (State Housing Agency)
• Uniform Owner-Resident Relations Act (NMSA 1978)

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1. New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Sections 47-8-1 to 47-8-52)

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